Tag Archives: personal injury

Personal Injury Lawyer

Personal Injury Lawyer In New Jersey

Need a Personal Injury Lawyer who has represented thousands of personal injury and car accident clients with millions in settlements?

Personal Injury LawyerHave you suffered an injury due to dangerous or unsafe conditions? If you have been been injured, physically or psychologically and it was the result of negligence, talk to a personal injury lawyer at Yampaglia Law. Our legal team helps the injured receive compensation for their losses.

Your earning capacity is diminished after an accident. Additionally, an inability to work can eliminate your income entirely. Consequently, you have medical expenses, legal costs, emotional distress, attorney fees and other damages.

Frequently, the duration of personal injury cases is not a protracted process which moves slowly through the courts. For instance, settlements resolve some cases before they get to court. Yampaglia Law will review your options so that you can make an informed choice.

Mark Yampaglia is a Rutherford personal injury lawyer handling PI and accident cases throughout Bergen and Hudson Counties. Mark has spent years protecting the rights of victims and tirelessly works for just and fair compensation. You have been through enough. Concentrate on healing and taking care of the family. Moreover, our investigators will research liability and damages for your personal injury claim. In conclusion, let the personal injury team at Yampaglia Law do all the legal heavy lifting.


The main office of Yampaglia Law is in Rutherford, NJ. Our firm has additional offices throughout North Jersey and serves all of the state through out attorney network. Contact us for a meeting in our office or we will gladly meet you at your home or any other convenient location. Last, we also gladly do consultations by phone.

We Are On Your Side and What We Discuss Is Strictly Confidential:

All consultations are confidential. Contact Yampaglia Law today to discuss your situation.North Jersey Lawyer

Bergen County Personal Injury Lawyer

Personal Injury Case: What Qualifies in New Jersey?

Your Personal Injury Case Can Include Loss of Wages, Medical Bills, Pain and Suffering

personal injury caseA personal injury case can be made from any number of scenarios in multiple situations. The most common types in North Jersey stem from slip and falls, medical malpractice, animal bites, and motor vehicle accidents. It can also be a mental injury, including depression and post-traumatic stress disorder (PTSD).

So what qualifies you to bring a personal injury case? The main component besides experiencing a personal injury is that the injury occurred due to someone’s negligence. Whether it be failing to clean up a slippery floor or failing to tame his or her animal.

Your case can include loss of wages, medical bills, pain and suffering, and even loss of enjoyment of life. Many personal injuries can result in making it impossible for you to return to work right away. This means that you will spend weeks without earning the paycheck that your family depends on every day for food, paying the bills, and other necessities.

What’s the Personal Injury Process?

Bringing a personal injury claim against someone who you feel is at fault for your injury can turn into a difficult process. You need evidence that your injury was sustained due to the other person’s negligence. Therefore, they failed to sustain their duty of care toward you. For example, a pet owner has a duty of care to protect others from their animal. This is whether it is keeping the animal on a leash or making sure it’s secure in the fenced backyard.

There are certain duties an animal owner must abide by, as they are responsible for their animal’s actions. After an injury, you need to prove that it is more likely than not that your injury occurred because of the other person’s negligence. This is the main qualifier for a personal injury claim.

Personal Injury Statute of Limitations

In general, when the statute of limitations on a case expires, the legal claim is no longer valid. Do not wait to seek help. The process of bringing a personal injury case against another for the injury you sustained can be complex. Consequently, it is important to act quickly. Essential evidence that can either make or break your case might be hard to obtain if you wait too long. In New Jersey, a personal injury claim is only actionable if filed within two years of the injury.

The personal injury statute of limitations in New Jersey is stated in New Jersey Statutes section 2A:14-2: “Every action at law for an injury to the person caused by the wrongful act, neglect or default of any person within this State shall be commenced within two years next after the cause of any such action shall have accrued.”

Mark Yampaglia has the experience with personal injury claims and can provide you with the best possible outcome for your claim. Every injury is different, and every person is unique. Give him a call today at (201) 933-3240. Our law office also represents those charged with Drug Offenses in North Jersey.


The main office of Yampaglia Law is in Rutherford, NJ. Our firm has additional offices throughout North Jersey and serves all of the state through out attorney network. Contact us for a meeting in our office or we will gladly meet you at your home or any other convenient location. We also gladly do consultations by phone.

We Are On Your Side and What We Discuss Is Strictly Confidential:

All consultations are confidential. Contact Yampaglia Law today to discuss your situation and get started on your legal matter. Click the button below to get started!North Jersey Lawyer

Pain and Suffering Damages

Pain and Suffering Damages Explained

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Pain and Suffering Damages Attorney in New Jersey

Pain and Suffering DamagesWhen you sue your place of employment for workers compensation damages, one of the major factors in determining the amount of money you will receive comes in the form of quantifying your ‘pain and suffering’. This is also true for any sort of injury caused by another person, and pain and suffering does not only deal with the direct financial cost of your medical treatment. Here’s some more information about how insurance companies gather information about the effects of an injury on your life overall.

Covered under Pain and Suffering: In addition to the medical expenses for your injuries, this categorization attempts to quantify the money you should receive for the suffering a physical ailment has caused you. This includes any ripple effects from an injury, including mental trauma or emotional damages that happened because of the incident for which you are filing suit. While it can be easy to quantify the cost of a five day hospital stay, there’s no obvious dollar mark for a permanent limp in your leg or even an ongoing dull backache you can’t seem to shake.

Per Diem Method: This is one key way which insurance companies work to determine the amount of pain and suffering damages that you should receive, and is quantified by the length of time which you are affected by the accident. It works by tallying the number of days from the accident until when a doctor determines you should be able to make a full recovery, and multiplying that by a set ‘per diem’ or per day number for which you are entitled daily for treatment and to go towards making a full recovery.

Multiplier: Ranging from one to five, this is another very common method of accounting for more subjective damages an individual can be awarded after a personal injury. It is determined by the severity of your injuries, both physical as well as emotional. It takes the medical bills you have been held accountable for and multiplies that depending on how severely damaging the experience was for you overall. This is a less widely respected way of calculating fair settlement value, and is often rejected by personal injury attorneys.

Proving your Pain and Suffering: Outside of doctors’ notes and hospital bills, you can also prove the less tangible results of your injury through testimony from family and friends, and reports by mental health professionals. Your life can be negatively affected after an injury by anxiety, depression, sleep issues and other residual traumatic experiences from the incident itself.

Working with a personal injury attorney is one of the best steps you can take in securing you a fair final compensation for your pain and suffering damages. At Mark Yampaglia Law, we have a history of providing top notch representation to our clients on personal injury claims, including those of the workplace. For a free consultation about these or any of the other types of services we offer, call me today at 201-933-3240. I will fight to get you the compensation you deserve.

If you are seeking compensation for Pain and Suffering, call Mark Yampaglia today at (201) 933-3240. He is an experienced attorney in personal injury matters and has the knowledge and skill to help you get the best possible outcome for your unique case. We also defend those in Bergen and Hudson Counties accused of drug crimes.


The main office of Yampaglia Law is in Rutherford, NJ. Our firm has additional offices throughout North Jersey and serves all of the state through out attorney network. Contact us for a meeting in our office or we will gladly meet you at your home or any other convenient location. We also gladly do consultations by phone.

We Are On Your Side and What We Discuss Is Strictly Confidential:

All consultations are confidential. Contact Yampaglia Law today to discuss your situation and get started on your legal matter. Click the button below to get started!North Jersey Lawyer

Work Injury Attorney

Slip and Fall Case When a New Jersey Business Owner Negligent

slip and fall caseA slip and fall accident case is a common way to protect people in North Jersey who are injured in a public or private place. There are many reasons or potential explanations as to why the area became a dangerous condition in the first place.

Though it may seem as though slip and falls are depicted as schemes for fake injuries, that is not the case. In many instances people become victims to a slip and fall situations due to dangerous conditions. These types of accidents are generally actionable if the injured party can prove that the business or owner of the location where the slip and fall occurred was negligent.

This negligence is generally proven in the following three ways:

  • If the owner created the dangerous condition (whether failing to address a floor problem, uneven carpeting, unsafe lighting, cracks in the floor, or a wet area)
  • If the owner knew there was a dangerous condition but failed to take steps to eliminate it (wet floor signs, caution signs, extra lighting, etc.)
  • If the dangerous condition existed long enough that the owner should have known of its existence

slip and fall caseThese scenarios are necessary for you to prove when making a claim of negligence against an owner for your slip and fall case. This means that if there was a dangerous condition, you have to show that it was a dangerous condition to begin with, and then you have to prove that the condition was visible long enough that the owner should have been aware of it.

For example, if someone had spilled a beverage on the floor only seconds before you slipped on that same surface, it would be very difficult to prove that the owner was negligent. There must be a reasonable amount of time given for the owner to rectify the dangerous condition. However, if someone spilled a beverage hours before you slipped and no one cleaned it up, that would be a reasonable amount of time for the owner to be aware of the dangerous condition.

In situations where the slip and fall occurred in a private residence, the owner or landlord of the property can be found negligent for your injury in one of the following ways:

  • The owner or landlord had control over the dangerous condition
  • The owner or landlord had a duty to repair the dangerous condition
  • Failing to repair the dangerous condition made it reasonably foreseeable that a slip and fall would likely occur

It is necessary to show the scenarios above in order to hold an owner of a private residence negligent for your slip and fall case. The steps to prove this are similar to the burden of proof for a public place or business.

If you have been injured in a slip and fall and you feel that it was derived specifically from the negligence of the business or property owner of which you slipped, don’t wait to make a claim. The longer you wait, the less likely you will be able to compile the necessary evidence to prove that the owner was negligent.

If you are seeking compensation for your injury resulting from a slip and fall, call Mark Yampaglia today at (201) 933-3240. We also defend those in North Jersey accused of drug crimes.


The main office of Yampaglia Law is in Rutherford, NJ. Our firm has additional offices throughout North Jersey and serves all of the state through out attorney network. Contact us for a meeting in our office or we will gladly meet you at your home or any other convenient location. We also gladly do consultations by phone.

We Are On Your Side and What We Discuss Is Strictly Confidential:

All consultations are confidential. Contact Yampaglia Law today to discuss your situation and get started on your legal matter. Click the button below to get started!North Jersey Lawyer

medical malpractice

Medical Malpractice Cases: Clearing the Air

Lawyer for Medical Malpractice Cases in Rutherford, New Jersey

medical malpractice casesMedical malpractice cases in the United States are a commonly misunderstood phenomena, which can lead to resentment between patients and doctors and additionally cause those who have been unjustly victimized by a medical malpractice incident from receiving the recourse they deserve. Here is a quick look on some of the top five misconceptions about medical malpractice that perpetuate today.

  1. The number of medical malpractice suits. While many people think that medical malpractice suits are growing, they are actually shrinking over the past several years. Far fewer individuals are filing suit for their injuries received while in medical care than could reasonably have a case to argue. Judges have noticed this, so if you do have a valid claim is it absolutely in your best interest to pursue the issue and see where it leads.
  2. The relationship between suits and healthcare costs. It is patently untrue that medical malpractice suits are driving up the cost of healthcare for everyday consumers like you and me. This widely spread misinformation was extrapolated from a small study more than 20 years ago, which was taken to apply for the entire country and has been disproven even in the small instance it claimed to speak for. The amount which healthcare professionals pay to defend themselves against malpractice suits comes to only 0.3% of healthcare spending; this is not what is driving up costs to exorbitantly.
  3. Suits are not scaring away doctors. Nothing could be more untrue, more doctors have been joining the ranks in recent years and growing in proportion to the number of citizens overall. Some states have taken to putting caps on medical malpractice suits, but in those without caps, there are more physicians per capita than those that do.
  4. Lawsuit payouts do not cause high malpractice premiums. Actually, there is no relationship between the two. The main groups that profit are insurance companies, which get their funding through investment and the difference between the premiums that they rake in and what they must pay out in successful claims. Premiums are raised during a recession to make sure that the insurance company isn’t losing any funds of their own in the process.
  5. Texas tort reforms are supposedly the golden standard, but should not be taken as such. States with damage caps and those without have virtually the same amount of premiums to pay, and Texas is often trumpeted as this great example of tort reform when this is far from true. In Texas, the Medicare costs rate is far higher than it is elsewhere in the country, and their very tight caps on damages may actually be keeping healthcare costs from shrinking as it was initially designed.

Medical malpractice is a nasty occurrence that can keep you or a loved one injured or sick as a result of a doctors’ mistake when you came in instead to be healed. If this happens, you need to know that you have rights to pursue compensation and recourse in the eyes of the law. Far fewer seek out these damages than are entitled to them, and you could be one. For more information about my services, contact me, Mark Yampaglia today at 844-847-0106 for a free consultation about medical malpractice cases in New Jersey.

Frequently lawyers or attorneys forget that they are employed by the client and work for the client. The legal team at Yampaglia Law understands that you are the boss. Your request for assistance, advice and updates are always responded to in a timely manner. If you cannot come to one of our offices or are unable to travel, we will come to you.


The main office of Yampaglia Law is in Rutherford, NJ. Our firm has additional offices throughout North Jersey and serves all of the state through our attorney network. Contact us for a meeting in our office or we will gladly meet you at your home or any other convenient location. We also gladly do consultations by phone.

We Are On Your Side and What We Discuss Is Strictly Confidential:

All consultations are confidential. Contact Yampaglia Law today to discuss your situation and get started on your legal matter. Click the button below to get started!North Jersey Lawyer

dentist

Dentist Visit Gone Wrong

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When you take your child to the dentist or any other medical professional, you should be able to trust that they know how to properly care for and treat your child. You certainly should not expect that the dentist will cause additional serious injury to your child. However, this is exactly the nightmare facing one family due to the negligent acts of a dentist.

The family took their four-year-old daughter to a dentist for some caps and some pulled teeth earlier this year. Though it should have been a routine procedure, the child ended up unable to speak or respond to her name. Reports indicate the child suffered severe brain damage and the dentist’s license has been temporarily revoked. According to reports, the following allegedly occurred that may have contributed to the injuries:

  • The dentist gave her five sedatives over the course of seven hours (much longer than the procedure should have taken)
  • The dentist restrained her on a papoose board, a restraint device generally used on uncooperative patients or patients with special needs
  • The dentist failed to notice that her oxygen had decreased while her heart rate and blood pressure increased to dangerous levels

The family stated they were planning to file a legal claim against the dentist.

Medical Malpractice Claims in NJ

When a person suffers serious personal injury because a medical professional—dentists included—acted in a negligent manner, the injured victim has the right to file a claim for medical malpractice. Simple mistakes will not qualify as medical malpractice; instead, the injury must be caused by an act of negligence, which means the professional acted differently than other professionals would have in the same situation. Some common examples of negligence that can lead to medical malpractice claims include:

  • Failure to diagnose
  • Failure to monitor vital signs
  • Medication errors
  • Surgical errors
  • Errors during childbirth

Many of the errors listed above can lead to serious medical complications or the development of additional conditions that can require extensive medical treatment and can often be life-threatening.

Call for a Consultation with a New Jersey Medical Malpractice Attorney Today

Medical malpractice claims can be complicated, as doctors have insurance companies and lawyers helping them fight liability. If you or a loved one has been injured by the negligence of a dentist, a physician, or any other type of medical professional, you should not delay in calling an experienced medical malpractice attorney at Mark Yampaglia Law, P.C. Contact us today for a free consultation.

dog bite

Strict Liability Laws for Dog Bites

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You may have heard that dogs are allowed “one bite” before there are consequences for the dog owner. While this used to be the widespread standard, many states—including New Jersey—have updated their laws from the “one bite” rule. NJ now has strict liability laws for dog bite cases.

Strict liability laws hold a dog owner liable for any dog bites regardless of whether any of the following were true:

  • The dog had never displayed the propensity to bite
  • This was the dog’s first bite incident
  • The dog owner did not act negligently in any way
  • The dog owner could not have prevented the bite
  • The bite was not the dog owner’s fault in any way

The major exceptions to strict liability for dog bites are when the victim was trespassing on the property or when the victim provoked the dog, leading to an attack. Strict liability laws are extremely helpful for victims who have sustained severe injuries from an animal bite.

Dog Bites can Result in Serious Injuries

Many people do not realize the serious injuries and complications that can arise from a dog bite until it is too late. While many dog bites may leave victims shaken with only a scratch, others can result in serious injuries that require immediate medical attention and treatment. Some injuries commonly caused by animal bites include the following:

  • Deep lacerations
  • Torn tendons, muscles, or ligaments
  • Puncture wounds
  • Crushed or fractured bones
  • Loss of tissue
  • Infections
  • Post-traumatic stress disorder (PTSD)
  • Fear of dogs and other emotional issues

Because of the severity of many dog bite injuries, it is important that our law holds dog’s owners strictly liable when their animal bites. Victims facing a lengthy recovery deserve to be fully compensated for their losses.

Contact a New Jersey Dog Bite Lawyer for a Free Consultation

If a dog bite has occurred, you or your child are likely facing a lengthy healing process both physically and mentally. In addition, your family may be struggling under the weight of medical bills, lost income, and other expenses stemming from the bite. At Mark Yampaglia Law, P.C., we stand up for the rights of NJ dog bite victims to recover for their losses from dog owners. Dog bite lawyer Mark Yampaglia thoroughly understands the strict liability dog bite laws in our state and can help you obtain the compensation you deserve. Please contact our office for a free consultation today.

toxic

Toxic Water in NJ

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Following the toxic amounts of lead in the water in Flint, Michigan, it is no surprise that individuals across the United States have become fearful of what may be coming out of their own taps. As it turns out, toxins were recently found in the water systems across our very own state of New Jersey.

1,4 dioxane is a chemical that has been deemed as likely carcinogenic to humans. The chemical was found in groundwater at a Superfund site in the Ramapo Mountains in Ringwood, NJ and that groundwater helps to supply a major reservoir for the state. As it turns out, nearly five decades ago, this was a dumping site for paint sludge and other waste materials by Ford Motor Company. After the discovery of the chemical at the Superfund site, concerns led to the testing of numerous water systems throughout New Jersey. Reports indicate that some level of 1,4 dioxane in nearly “every part” of NJ, including about 80 water systems serving various communities.

What are the Dangers of 1,4 Dioxane?

1,4 dioxane has been named a “probable human carcinogen” by the Environmental Protection Agency (EPA). The chemical has caused serious illness including kidney and liver damage and tumors in animals when the animals were exposed via drinking water. In addition, the chemical can cause the following potentially serious medical conditions in humans:

  • Vertigo
  • Anorexia
  • Excessive drowsiness
  • Eye irritation
  • Nose irritation
  • Throat and lung irritation

These conditions can require significant medical treatment for anyone exposed to enough 1,4 dioxane. In addition, many of the above symptoms can often be misdiagnosed as other illnesses, which can prolong the condition and prevent timely treatment and discovery of 1,4 dioxane as the cause of the illness. As a result of the risks of 1,4 dioxane, California’s state EPA has already listed it as a cancer-causing chemical and has deemed it toxic in drinking water.

Call for a Free Consultation with a NJ Personal Injury Attorney

If you or your family suffer serious illness because of toxic water or any other type of negligence by state agencies, it is imperative that you consult with highly experienced personal injury lawyer Mark Yampaglia as soon as possible. Cases involving the government or potentially involving numerous victims can be complex and can have different requirements from traditional personal injury claims. You need an attorney on your side who fully understands these types of cases, so please contact Mark Yampaglia Law, P.C. in NJ for a free consultation today.

medical malpractice

Common Reasons for Malpractice Suits

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As you go about life, you will inevitably be faced with medical troubles, emergencies and routine expenses. It’s important to work with a doctor who you trust to take care of yourself and your family, but sometimes when you need to seek extra care for a special issue or other consideration, you may be faced with a practitioner you do not have full confidence in.

In recent years there has been a severe uptick in the number of physicians who are being sued for medical malpractice, and unfortunately you can fall victim to an issue like this one through no fault of your own. We’ve examined some of the top reasons why doctors face medical malpractice suits, and what you can do if you feel you’ve been improperly handled in your medical care.

Initially, in any circumstance with a new illness, you’ll first meet with your primary care provider, who will give you your initial diagnosis or advice to seek out more specialized care. Since primary care physicians deal with all types of people and their many different types of issues, they tend to have a broad idea of many parts of medicine, rather than a deep expertise on one particular system, for example. Some of the reasons that primary care physicians can face medical malpractice include:

  • Errors in medicine distribution. This can include both medicines given in the office, or as prescribed to receive later from a pharmacist.
  • Failure to follow safety protocols. Everything is sterilized for a reason, and there are additional important protocols throughout the office to keep each patient from getting sicker than when they arrived.
  • Lack of informed consent. The doctor has an obligation to tell you all of the parts of your care, including the risks and responsibilities that you will hold going forward. This is very important and failure to properly explain everything going into your medical care can result in some serious repercussions.
  • Abnormal injury as a result of mistake in care. This is also seen in surgical environments, where a slight mistake can make the difference between life or death for a patient being operated upon.
  • Misdiagnosis or failure to diagnose. This is the most commonly seen issue which is brought up in claims of medical malpractice. While doctors know a lot, their information cannot always be seen as foolproof. Making a mistake or missing out on an important sign that points towards a serious issue can have long-lasting impacts on the patient and their family in the years to come.

If you believe that you have been victim to the poor actions of a doctor, you may have the grounds for a medical malpractice suit. For more information about your options and how I can help, contact me, Mark Yampaglia, today. I can be reached by phone at 201-933-3240 for a free consultation on your medical malpractice claim and how to move forward in getting your life back in order physically, emotionally, and financially.